The "Common Law Marriage" Myth

Unmarried couples who live together do not have the same legal rights and
obligations to each other as married couples and civil partners. Many believe they acquire rights after a period of cohabitation but this is not so. Under English law there is no “common law marriage”. This can lead to one party being in a vulnerable position in the event of relationship breakdown or upon the death of one partner who has not made financial provision for the other by Will.

Edwina Tyne, Partner at Tinsdills says:

“Couples planning to live together need to take legal advice on a number of issues and enter into a series of legally enforceable agreements on specific matters. They should consider entering into a Deed of Trust which specifies whether a jointly purchased property is held by them equally or in unequal shares and whether or not the property automatically belongs to the survivor on the death of the other.

Wills should also be made as if a partner dies without making a Will the surviving partner will not inherit the deceased’s estate and may need to make claims for financial provision involving Court proceedings against the deceased’s family at the same time as coping with bereavement.

Some couples enter into a Cohabitation Contract which records their intention as to ownership of property and personal belongings, financial contributions to be made during the relationship and defining ownership of property and chattels brought to the relationship and acquired during the relationship. Although it is uncertain whether such contracts are totally legally enforceable they can be persuasive and record the intentions of the parties. In the event of relationship breakdown this Cohabitation Contract can clarify the issues particularly if one party is making financial claims against the other under Trust law.”

For further information about how we could help you with this or any other matter please contact Edwina Tyne on 01782 652300.